[RESTRUCTURING] The Reform of Insolvency Proceedings in France: Revolution or Evolution?
By an order dated September 15, 2021, France finally transposed European Directive 2019/1023/EU [1] into national law and took this opportunity to reform other aspects of its collective proceedings. Driven by European law, France—known for its debtor-friendly system—had no choice but to readjust the influence of creditors in insolvency proceedings. But what will be the [...] Legal Toolbox #4 Public works contracts in France
When executing works as a contractor for a public authority in France, specific rules apply. These rules are set by the French public procurement Code (Code de la commande publique). Can the contractor use subcontractors? What happens in case of a dispute? And when is the reception of works carried out? Download our “Legal Toolbox” [...] [ARBITRATION] Why the ICC Expedited Procedure Rules Are a Real Success
Four years ago, the International Chamber of Commerce launched the “Expedited Procedure Provisions” (EPP). Since then, an impressive total of 261 cases have been handled under this framework, which offers numerous procedural advantages. Our partner Detlev Kühner explains the reasons behind the success of EPPs (in English): Before providing feedback on how the EPP [...] Legal Toolbox #3 The Acceptance of Works in France
Under French law, the “acceptance of works” is the act by which the client accepts the works carried out. The acceptance allows the client to verify the apparent quality of the works provided and to require repairs if necessary. It can be pronounced with or without reservations. Which party can request the acceptance of works? [...] [LABOR LAW] Workers Posted to France: Why the A1 Posting Certificate Is Not Sufficient
One might think that the A1 posting certificate protects a foreign company and its French client from criminal and financial penalties for undeclared work. However, this is not the case. Here are a few explanations to help ensure you are in compliance with the law: First, let’s remember that, to be legal, operating a business [...] Legal Toolbox #2 Temporary Company Grouping: Risks and Opportunities
Construction work of a certain scope may require pooling substantial human, financial and material resources, which SMEs of the building sector cannot always afford. The French law offers the possibility to set up a temporary grouping of independent companies, the so-called “groupement momentané d’entreprises” or GME. When can a GME be useful? Wich types of [...] [COMMERCIAL LEASES] What You Need to Know About Commercial Lease Agreements Under French Law
If you operate a commercial, industrial, or artisanal business on commercial premises (including offices, such as headquarters), you are subject to the rules governing commercial lease agreements under French law. The latest edition of our monthly “Less Is More” newsletter highlights the key points you need to know about this topic. Download the fact sheet [...] Legal Toolbox #1: Subcontracting: Rules & Conditions in France
Since 1975, the French law on subcontracting is mandatory, and any contractual provision contrary to this Law null and void. What are the main rules for subcontracting in France? What if the subcontractor is not accepted? What risks for the client? Learn more in this factsheet from our new series “Legal toolbox”. DOWNLOAD THE FACT [...] [ENERGY] Implementation of the “Tertiary Sector Decree”: Finally, some concrete action!
Following on from Decree No. 2019-771 of July 23, 2019, “regarding obligations to reduce energy consumption in commercial buildings” (known as the “Commercial Buildings Decree”), a recently published order is intended to provide the relevant stakeholders with concrete data to help them achieve their goals for reducing final energy consumption. Here is a brief overview [...] [DEAL] BMHAVOCATS is advising Terre et Lac on the formation of the Oxyane Solaire consortium
The law firm BMHAVOCATSadvised Terre et Lac, a Lyon-based company specializing in the design, financing, construction, and operation of solar and wind power plants, during the formation of the Oxyane Solaire consortium. The Oxyane Solaire consortium, formed through a partnership between Terre et Lac and the Oxyane Group, is designed to support their projects as [...]